On July 4, 2024, Louisiana became the 29th permitless carry state in the U.S. While not needing to have a permit to carry in the Pelican State might be law, that does not mean there are no permits in the state. There are many reasons why an individual might want to get permit, even if they’re a non-resident. On December 20th, 2024, the Firearms Policy Coalition filed a lawsuit that challenges Louisiana’s prohibition on non-residents being able to get permits in the state.
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Firearms Policy Coalition (FPC) announced Monday that it has filed a new federal lawsuit challenging Louisiana’s ban on firearm carry by non-residents. The complaint in Mate v. Westcott can be viewed at firearmspolicy.org/mate.
“Closing off nonresidents’ ability to obtain a carry license substantially infringes their constitutionally protected right to carry a firearm in public for self-defense,” the complaint says. “There is no well-established and representative historical tradition of restricting the ability to bear arms based on residency.”
And the challenge is exactly what this is all about. There is no historical tradition of restricting one’s ability to bear arms based on residency. While this might seem like a futile and moot case, quite to the contrary, it’s not.
“The Mate v. Wescott case is part of FPC’s high-impact strategic litigation program, FPC Law,” their release states. And further say their efforts are “aimed at eliminating immoral laws and creating a world of maximal liberty.”
Should this challenge make it to the Fifth Circuit Court of Appeals, there’s a chance that the court will agree with FPC on the matter. Louisiana is a diamond in the rough here, with it having such a restriction in this particular circuit.
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Say there’s a challenge in the Second Circuit Court of Appeals. There are challenges to New York’s law with similar prohibitions, as is the case in Higbie v. James. Newsmax journalist and friend to Bearing Arms, Carl Higbie is fighting for a New York non-resident license to carry. While New York City seems to be attempting to moot the case in their jurisdiction, they actually may not have the power to issue permits at all.
If the Second Circuit Court of Appeals ever gets a crack at a case like Higbie, they’re likely to rule against liberty, as they seem to do.
If everything moves in the direction it seems like it might be going, we could end up with a circuit split. Or at least that would seem to be “strategic litigation.” These could be some of the steps to help make national reciprocity a reality if the High Court were to take one of these cases.
Regardless, the heart of the matter is about restrictions on a Constitutional right.
“Peaceable people have a constitutionally protected right to carry firearms throughout the United States,” said FPC President Brandon Combs. “Second Amendment protected rights don’t end at a state’s border. This case is an important step towards achieving our goal of restoring the right to bear arms everywhere.”
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This filing is an important step in the destruction of all unconstitutional provisions in law in the United States. Firearms Policy Coalition and their partners should be commended for their continual and unwavering support of the Second Amendment. We’ll be watching the progress of this case as it moves through the Federal District Court and possibly further.
